The Psychodynamics of School Sexual Abuse Investigations

School Administrator, Oct, 1994 by Mary Jo Mcgrath

An Attorney's Inside Look

Sexual abuse of school children by educators is far more prevalent than we would like to believe. During 18 years of legal practice representing school boards, at least 40 percent of the school-employee discipline cases I have worked with have involved sexual misconduct by employees toward students.

A recent study commissioned by the American Association of University Women reported that 81 percent of students surveyed in grades 8-11 said they had been sexually harassed or abused in school, 18 percent of them by school employees. In her 1991 book Educator Sexual Abuse, Idaho educator Sherry B. Bithel estimates that one in 20 teachers has engaged in sexual misconduct with students, ranging from obscene comments to sexual intercourse.

When an educator is accused of sexual abuse, the key to fair and just resolution is prompt, thorough investigation. In sexual abuse cases, the facts may be hard to find unless the investigator understands the thought processes and emotional concerns of all those involved.

Hard experience from hundreds of interviews has taught me the strategies that allow for successful investigation and appropriate handling of employee discipline cases involving sexual abuse. Be forewarned that this approach differs from the one used to investigate competency cases or cases involving other kinds of employee misconduct.

Working Definition

A recent article by Florence Webb of the Association of California School Administrators has provided valuable insight into defining sexual abuse in an educational setting. Adult-to-student sexual abuse in schools has three elements: (1) any behavior by an adult (2) directed at a student (3) that is intended to sexually arouse or titillate the adult or the child. The behavior includes touching parts of the body, including breasts, genitals, or buttocks, as well as exposure of the genitals, verbal propositions, or conversations of a sexual nature.

This is a working definition for purposes of employee discipline. It is based on behavior that is likely to harm children and deprive them of a sense of physical or psychological safety. It is not the definition used to delineate criminal conduct. Terms such as "statutory rape," "child abuse," "assault," and "battery" have other more limited definitions designed to punish criminals.

The issue of fault arises when sexual involvement between school employee and student comes to light. In a recent newspaper article detailing three cases of sexual misconduct, parents and students were quoted as saying: "The girls ought to know not to go out with teachers" and "I don't think we can dump this all on the adults and say, 'This is all your fault.' Teenagers have brains."

Psychiatrist and sexual abuse expert Roland C. Summit takes a contrary position on responsibility. In an article for Child Abuse and Neglect, he argues, "[Assuming] that an adolescent can be sexually attractive, seductive, and even deliberately provocative, it should be clear that no child has equal power to say 'no' to a parental figure or to anticipate the consequences of sexual involvement with a caretaker. Ordinary ethics demand that the adult in such a mismatch bear sole responsibility for any clandestine sexual activity with a minor."

Many authorities question whether a student can ever authentically consent to sexual activity with an educator because of the inherent power differences that exist between them. In his concurring opinion in the 1994 case Doe v. Taylor Independent School District, Court of Appeals Judge Patrick E. Higginbotham said, "Make no mistake about it. This is not a case about a high school coach who happened to have an affair with a student. It is about abuse of power."

When sexual overtures are made to a student by someone seen by the student as a caregiver, the effects on the student are likely to be traumatic, says David Finkelhor, in A Sourcebook on Child Sexual Abuse. The same sense of betrayal and shame that attaches to incest can be found in cases where a pseudo-parental relationship has been sexualized.

I have encountered a great deal of anger and disbelief on the part of educators when they hear the kinds of statistics cited earlier. Their anger comes partly in the grief process that accompanies a colleague's violation of trust. Often colleagues express intense anger, first toward the victims for coming forward, then at the administration and other people who are responsible for an investigation, "Witch hunt!" they cry.

Many educators feel attacked as a group. Others feel unappreciated and tainted unjustly by the situation. Still others fear they too will be investigated, a subject I will address later.

If anger and disbelief go unrecognized or ignored during an investigation of a staff member, a backlash can occur midway through the process. The potential reaction can be minimized if anger and disbelief are acknowledged as a normal emotional response during an investigation. School employees need to know that administrators understand their feelings and are doing their best to respect everyone's rights.